Eamon Ryan (Dublin Bay South, Green Party) | Oireachtas source

I move amendment No. 5:

In page 11, between lines 13 and 14, to insert the following:

“(c) in section 23A by the insertion of “, for the purposes of an application for an Irish driving licence,” after “by order declare that”,

(d) by the insertion of the following sections after section 23A:

“Automatic revocation of driving licence where holder is subject of deportation order

23B.(1) Where the holder of an Irish driving licence is the subject of a deportation order the licence shall stand revoked.

(2) A revocation under subsection (1) shall take effect on the date on which the Minister for Justice notifies the Minister, in accordance with subsection (3), of the making of the order. (3) Where the Minister for Justice makes a deportation order in respect of a person he or she may notify the Minister of the making of the order and may share the following information with the Minister for the purposes of this section:

(a) the name of the person who is the subject of the deportation order;

(b) the date of birth of the person who is the subject of the deportation order;

(c) where the person who is the subject of the deportation order was issued with a document evidencing that he or she had a legal right to reside in the State, the number associated with that document.

(4) The Minister and his or her servants or agents shall not use information shared under subsection (3) for any purpose other than the purpose of this section.

(5) In this section, ‘deportation order’ means a deportation order made or deemed to be made under section 3 of the Immigration Act 1999 or section 51 of the International Protection Act 2015.

Endorsement of revocation of driving licence on license record relating to holder

23C.(1) In this section and section 23D, ‘licence’ means an Irish driving licence or learner permit.

(2) Where the Minister receives a notification under section 23B(3), or where a licence has been revoked in accordance with regulations under section 42(2)(cd), he or she shall cause the fact that the licence stands revoked to be endorsed on the entry (within the meaning of section 1 of the Road Traffic Act 2002) of the person who is the subject of the notification or whose licence has been revoked.

Retention of revoked driving licence by member of Garda Síochána

23D.(1) Where a person produces an Irish driving licence to a member of the Garda Síochána and the member has reasonable grounds to believe that the licence is one which has been revoked in accordance with section 23B or regulations under section 42(2)(cd), he or she shall retain the licence and forward it to the Minister.

(2) Where the Minister receives a driving licence under subsection (1) and the licence stands revoked the Minister shall cause the licence to be destroyed and notify the holder of the licence by letter in writing to the address provided by the licence holder with his or her application for the licence or, where the holder has notified the Minister that he or she has changed address, to that address and by such other means as the Minister prescribes.

(3) Where the Minister receives a licence from a member of the Garda Síochána under subsection (1) and the licence does not stand revoked the Minister shall cause the licence, or a replacement licence, to be furnished to the holder.

(4) A person may make an application for a licence in accordance with this Act notwithstanding that a licence held by him or her has been revoked pursuant to this section or in accordance with regulations under section 42(2)(cd).”.